Pleading the 5th

[Jim Choate]

On Thu, 12 Apr 2001, Sunder wrote:

> Um, yes, this is precisely what I've just said.
> 
> 1. by posting to a CDR node, he implicitly consents to all duplication
> caused by the CDR feeds, to search engines, individuals, archivers, other
> CDR's, etc.

No, neither I or you have consented to any such thing. What I have done is
given permission to other CDR nodes to forward it to their subscribers.
Nothing in that consent can be implied to make it 'public domain'. I
haven't given them permission to archive it or otherwise use it outside of
that. At no point have I or any subscriber through SSZ given the
subscribers ANY permission to use it other than personal or educational
use. If they wish to use it for commercial gain then all rights still
revert to the original author.

See Section 17, Chapter 2, Section 204. Where is your 'instrument'? The
wording prevents 'implied' instruments since they can't have a
'signature'.

Chapter 1, Section 111 and Chapter 5, Section 512 applies to the CDR
operators themselves for example. There are other sections as well that
apply.

> 2. A book of all his posts would be clearly in violation of his copyright.
> 
> I'm unsure if a single message quoted in its entirety would not be
> in violation.  I believe it would be in as much a copyright violation
> as Choate's posting an entire article to the list as he did before he
> started sending just urls. 

Depends on how long the message was.

> The odds of him winning a lawsuit based on a single message posted in
> its entirety is something for lawyers (and bookies? :) to debate.  But
> IMHO it would violate copyright.

Nobody, other than Declan, you, and other reading inhibited, is claiming
this.

> Of course since he has previously posted entire stories, I'm sure he
> could be countersued.   Blah, blah, blah...
> 
> I do find it interesting how he likes to call the kettle black when
> he used to violate copyright on a regular basis...

Actually not most likely. The articles were not meant in any sort of
'commercial use' and forwarded only for 'educational' purposes (ie 'fair
use' to foster debate) as I only forwarded single articles and not entire
source content from the originating sites.

Had I known I could create even more bitching by forwarding just the URL's
I would have been doing that long ago.

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